11-17-92�a
1 -`#
OFFICIAL AGENDA
CITY OF SOUTH MIAMI -�
6130 Sunset Drive T7
REGULAR CITY COMMISSION MEETING
November 17, 1992 Next Resolution:
Next Ordinance
Next Commission Meeting:
A. Invocation
B. Pledge of Allegiance to the Flag of the United States of
America
C. Presentations:
D. Items for Commission Consideration:
1. City Manager's Report
2. City Attorney's Report
3,. Approval of 'Minutes: 11/3/92 (continued 11/10/92)
meeting.
ORDINANCES 2ND READING AND PUBLIC HEARING:
4. An Ordinance of the City Commission of the City of South
Miami, Florida, providing findings of fact; providing a short
title; providing a statement of purpose; providing objectives;
providing definitions; providing jurisdiction; providing a
basis, for establishing areas of special flood hazard;
providing for establishment of development permits; providing
f,or compliance; providing for abrogation and greater
restrictions; providing for interpretation; providing a
warning and a disclaimer of liability; providing penalties for
violation; providing for designation of local administrator;
providing permit procedures; providing duties and
rlesponsibilities of the building official; providing
p',rocedures for variances from this ordinance; providing
genera standards for flood hazard reduction; providing
specific standards for floor hazard` reduction; providing
standards for subdivision proposals; providing' for
severability; providing for ordinances' in conflict; and
providing for an effective date.
(Administration) 4/5
RESOLUTION FOR PUBLIC HEARING•
5. A
Resolution of the Mayor and City Commission of the City of
South Miami, Florida granting a request by the School Board
Dade County, Florida from the Planning Board of the City of
iuth Miami for three variances from Sec. 20 -3.5 (C) (3) of the
.nd Development Code to allow a zero (0) feet rear setback
�r a proposed addition; to allow a- building coverage of
Irty eight (38 %) ; to allow an impervious coverage of seventy
x percent (76 %) and one variance from Sec. 20 -3.5 (12) of
.e Land Development Code to require no additional parking
laces where twenty six (26) parking spaces are required for
proposed addition for the property known as 6750 SW 60
reet South Miami, FL 33143 (a public facility, specifically
,uth'Miami Middle School) and legally described hereinbelow.
(PB /Administration) 4/5
RESOLUTIONS:
6. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida; denying an appeal by Secisa
International Ltda., Inc. from a decision of the Environmental
Review and Preservation Board to not approve requested signage
for the property known as Hotel Vila, 5959 SW 71 Street, South
Miami, Florida 33143 and legally described hereinbelow.
(City Attorney) 3/5
Wig, N
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OFFICIAL AGENDA
Nova 17, -1992
page 2
7. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, authorizing the City Manager to execute
a professional services agreement with Metropolitan Dade
County Florida under which the county will reimburse the City
for a Drug Abuse Resistance Education (DARE) Program at Sunset
Elementary School.
(Administration) 3/5
8. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, authorizing the purchase by the Public
Works Department of thirty (30) radial tires for police
vehicles for a total price not to exceed $1,362.30, and
providing for disbursement from account number 1760 5250:
"Public Works - Tires."
(Administration) 3/5
ORDINANCE - 1ST READING:
9. An Ordinance of the Mayor and City Commission of the City of
South Miami, Florida, amending Ordinance 14 -90 -1454 by
declaring a six months' moratorium on charges for permits
issued for repairs or reconstruction due to damage caused by
Hurricane Andrew. (Mayor) 4/5
REMARKS:
none
PURSUANT TO FLA. STAT. 266.0105, THE CITY HEREBY ADVISES THE PUBLIC
THAT: IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS
BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED
AT ITS MEETING OR HEARING, HE WILL NEED A RECORD OF THE
PROCEEDINGS, AND THAT FOR SUCH PURPOSE, AFFECTED PERSONS MAY NEED
TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH
RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS
TO BE BASED. THIS NOTICE DOES NOT CONSTITUTE CONSENT BY THE 'CITY
FOR THE INTRODUCTION OR ADMISSION OF OTHERWISE INADMISSIBLE OR
IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS
NOT OTHERWISE ALLOWED BY LAW."
9
ORDINANCE
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, PROVIDING FINDINGS OF FACT; PROVIDING A SHORT TITLE;
PROVIDING A STATEMENT OF PURPOSE; PROVIDING OBJECTIVES; PROVIDING
DEFINITIONS; PROVIDING JURISDICTION; PROVIDING A BASIS FOR
ESTABLISHING AREAS OF SPECIAL FLOOD HAZARD; PROVIDING FOR
ESTABLISHMENT OF DEVELOPMENT PERMITS; PROVIDING FOR COMPLIANCE;
PROVIDING FOR ABROGATION AND GREATER RESTRICTIONS; PROVIDING' FOR
INTERPRETATION; PROVIDING A WARNING AND A DISCLAIMER OF LIABILITY;
PROVIDING PENALTIES FOR VIOLATION; PROVIDING< FOR DESIGNATION OF
LOCAL ADMINISTRATOR; PROVIDING PERMIT PROCEDURES; PROVIDING DUTIES
AND RESPONSIBILITIES OF THE BUILDING OFFICIAL PROVIDING PROCEDURES
FOR VARIANCES FROM THIS ORDINANCE; PROVIDING GENERAL STANDARDS FOR
FLOOD HAZARD REDUCTION; PROVIDING SPECIFIC- STANDARDS FOR FLOOR
HAZARD REDUCTION; PROVIDING STANDARDS FOR SUBDIVISION PROPOSALS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Legislature of the State of Florida has in F.S.
Chapters 125, 163 and 166 delegated the responsibility to local
governmental units to adopt regulations designed to promote the
public health, safety, and general welfare of its citizenry;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA
Section 1. FINDINGS OF FACT
(1) The flood hazard areas of the City of South. Miami, Florida,
are subject to periodic inundation which results in loss of
life and property, health and safety hazards, disruption of
commerce and governmental services, extraordinary public
expenditures for flood protection and relief, and impairment
of the tax base, all of which adversely affect the public
health, safety and general welfare
(2) These flood losses are caused by the cumulative effect of
obstructions in floodplains causing increases in flood heights
and velocities, and by the occupancy in flood hazard areas by
uses vulnerable to floods or hazardous to other lands which
are inadequately elevated, flood.- proofed, or otherwise
unprotected from flood damages.
Section 2. SHORT TITLE
This Ordinance may be cited as "Flood Damage Prevention Ordinance".
Section 3. STATEMENT OF PURPOSE
It is the purpose of this Ordinance to promote the public health,
safety and general welfare and to minimize public and private
losses due to flood conditions in specific areas by provisions
designed to:
(1) restrict or prohibit uses which are dangerous to health,
safety and property due to water or erosion hazards, or which
result in damaging increases in erosion or in flood heights
or velocities;
(2) require that uses vulnerable to floods, including facilities
which serve such uses, be protected against flood damage at
the time of initial construction;
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(3) control the alteration of natural floodplains, stream
channels, and natural protective barriers which are involved
in the accommodation of flood waters;
(4) control filling, grading, dredging and other development which
may increase erosion or flood damage, and;
(5) prevent or regulate the construction of flood barriers which
will unnaturally divert flood waters or which may increase
flood hazards to other lands.
Section 4. OBJECTIVES
The objectives of this Ordinance are as follows:
(1) to protect human life and health;
(2) to minimize expenditure of public money for costly flood
control projects;
(3) to minimize the need for rescue and relief efforts associated
with flooding and generally undertaken at the expense of the
general public;
(4) to minimize prolonged business interruptions;
(5) to minimize damage to public facilities and utilities such as
water and gas mains, electric, telephone and sewer lines,
streets and bridges located in floodplains
(6) to help maintain a stable tax base by providing for the sound
use and development of flood prone areas in such a manner as
to minimize flood blight areas, and;
(7) to insure that potential home buyers are notified that
property is in a flood area.
Section 5. DEFINITIONS
Unless specifically defined below, words or phrases used in this
Ordinance shall be interpreted so as to give the words and phrases
the meaning they have in common usage and to give this Ordinance
its most reasonable application.
Addition (to an existing building) means any walled and roofed
expansion to the perimeter of a building in which the addition is
connected by a common load- bearing wall other than a fire wall.
Any walled and roofed addition which is connected by a fire wall
or is separated by independent perimeter load- bearing walls is
defined as new construction.
Appeal means a request for a review of the Building Official's
interpretation of any provision of this Ordinance or a request for
a variance from this Ordinance.
Area of special flood hazard is the land in the floodplain within
a community subject to a one percent or greater chance of flooding
in any given year.
Base flood means the flood having a one percent chance of being
equalled or exceeded in any given year.
Basement means that portion of a building having its floor subgrade
(below ground level) on all sides.
Breakaway, wall means a wall
support of the building and
4qFlood Damage Prevention t
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that is not part of the structural
is intended through its design and
) rdinance Page 2 of 11
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construction to collapse under specific lateral loading forces
without causing damage to the elevated portion of the building or
supporting foundation system.
Building means any structure built for support, shelter, or
enclosure for any occupancy or storage.
Development means any man -made chancre to improved or unimproved
real estate, including, but not limited to, buildings or other
structures, mining, dredging, filling, grading, paving, excavating,
drilling operations or permanent storage of materials or equipment.
Elevated building means a non- basement building built to have the
lowest floor elevation above ground level by means of fill, solid
foundation perimeter walls, pilings, columns, posts, piers, shear
walls, or breakaway walls.
Existing construction means any structure for which the start of
construction commenced before June 18, 1974.
Flood or flooding means a general and temporary condition of
partial or complete inundation of .normally dry land areas from the
overflow of inland or tidal waters, or the unusual and rapid
accumulation or runoff of surface waters from any source.
Flood Hazard Boundary Map (FHBM) is an official map of a community,
issued by the Federal Emergency Management Agency, where boundaries
of the special flood hazard have been defined as Zone A.
Flood Insurance Rate Map,(FIRM) is an official map of a community,
on which the Federal Emergency Management Agency has delineated
both the areas of special flood hazard and risk premium zones
applicable to the community.
Flood Insurance Study is the official report provided by the
Federal Emergency Management Agency, containing flood profiles, as
well as the Flood Boundary Floodway Map and the water surface
elevation of the base flood.
Floor means the top surface of an enclosed area in a building
(including basement), i.e., top of slab in concrete slab
construction or top of wood flooring in wood frame construction.
The term does not include the floor of a garage used solely for
parking vehicles.
Highest adjacent grade means the highest natural elevation of the
ground surface, prior to construction, next to the proposed walls
of a building.
Historic Structure means any structure that is:
(1) Listed individually in the National Register of Historic
Places (a listing maintained by the Department of Interior)
or preliminarily determined by the Secretary of the Interior
as meeting the requirements for individual listing on the
National Register;
(Z) Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a
registered historic district or a district preliminarily
determined by the Secretary to qualify as a registered
historic district;
(3) Individually listed on a state inventory of historic places
where such list is part of historic preservation programs
approved by the Secretary of the Interior; or,
(4) Individually listed on a local inventory of historic places
in communities with historic preservation programs that have
Flood Damage Prevention ordinance Page 3 of II
been certified either by an approved state program as
determined by the Secretary of the Interior, or directly by
the Secretary of the Interior.
Manufactured home or mobile home means a building, transportable
in one or more sections, which is built on a permanent chassis and
designed to be used with or without a permanent foundation when
connected to the required utilities. The term also includes park
trailers, travel trailers, and similar transportable structures
placed on a site for 180 consecutive days or longer and intended
to be improved property [Manufactured homes and mobile homes are
prohibited under § 20 -1.3 (C) of the Land Development Code].
Mean Sea Level means the average height of the sea for all stages
of the tide. It is used as a reference for establishing, various
elevations within the,floodplain. For purposes of this Ordinance,
the term is synonymous with National Geodetic Vertical Datum (NGVD)
National Geodetic Vertical Datum (NGVD) as corrected in 1929 is a
vertical control used as a reference for establishing varying
elevations within the f,loodplain.
New construction means any structure for which the start of
construction commenced after June 18, 1974. The term also includes
any subsequent improvements to such structure.
Recreational vehicle means a vehicle which is built on a single
chassis; 400 square feet or less when measured at the largest
horizontal projection; designed to be self- propelled or permanently
towable by a light duty truck; and, designed primarily not for use
as a permanent dwelling but as temporary living quarters for
recreational, camping, travel or seasonal use.
Start of construction includes substantial improvement, and means
the date the building permit was issued, provided the actual start
of construction, repair, reconstruction, or improvement was within
180 days of the permit date. The actual start means the first
placement of permanent construction of a building on a site, such
as the pouring of slabs or footings, installation of piles,
construction of columns, or any work beyond the stage of
excavation. Permanent construction does not include land
preparation, such as clearing, grading and filling; nor does it
include the installation of streets and /or walkways; nor does it
include excavation for a basement, footings, piers or foundations
or the erection of temporary forms; nor does, it include the
installation on the property of accessory buildings, such as
garages or sheds not occupied as dwelling units or not part of the
main building. For a substantial improvement, the actual start of
construction means the first alteration of any wall, ceiling,
floor, or other structural part of a building, whether,or not that
alteration affects the external dimensions of the building.
Structure means a walled and roofed building that is ',,principally
above ground, a gas or liquid storage tank, or other man -made
facilities or infrastructures.
Substantial damage means damage of any origin sustained by a
structure whereby the cost of restoring the structure to its before
damaged condition would equal or exceed 50 percent of the market
value of the structure before the damage occurred.
Substantial improvement means any combination of repairs,
reconstruction, alteration, or improvements to a building, taking
place during a ten (10) year period, in which the cumulative cost
equals or exceeds fifty percent of the market value of the
building. The market value of the building, should be the- appraised
value of the building prior to the start of the initial repair or
improvement; or, in the case of damage, the value of the building
prior to the damage occurring. This term includes structures which
Flood Damage Prevention ordinance Page 4 of 11
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have incurred substantial damage, regardless of the actual repair
work performed. For the purposes of this definition, substantial
improvement is considered to occur when the first alteration of any
wall, ceiling, floor, or other structural part of the building
commences, whether or not that alteration affects the external
dimensions of the building. The term doss not, however, include
any. project for improvement of a building required to comply with
existing health, sanitary, or safety code specifications which have
been identified by the Building Official and which are solely
necessary to assure safe living conditions.
Variance [from this Ordinance] is a grant of relief from the
requirements of this Ordinance which permits construction in a
manner otherwise prohibited by this Ordinance where specific
enforcement would result in unnecessary hardship.
Section 6. JURISDICTION
This Ordinance shall apply, to all areas of special flood hazard
within the jurisdiction of the City of South Miami, Florida.
Section ?. BASIS FOR ESTABLISHING AREAS OF SPECIAL FLOOD HAZARD
The areas of special flood ,hazard are to be identified by the
Federal Emergency Management Agency in the Flood Insurance Rate Map
(FIRM), dated November 4, 1967, with other supporting data, and any
revision thereto, are adopted by reference and declared to be a
part of this Ordinance.
Section 8. ESTABLISHMENT OF DEVELOPMENT PERMIT
A Development Permit shall be required in conformance with the
provision of this Ordinance prior to the commencement of any
development activities.
Section 9. COMPLIANCE
No structure or land shall hereafter be located, extended,
converted or structurally altered without full compliance with the
terms of this Ordinance and other applicable regulations.
Section 10. ABROGATION AND GREATER RESTRICTIONS
This Ordinance is not intended to repeal, abrogate, or impair any
existing easements, covenants, or deed restrictions. However,
where this Ordinance and another conflict or overlap, whichever
imposes the more stringent restrictions shall prevail.
Section 11. INTERPRETATION
In interpretation and application of this Ordinance all provisions
shall be considered as minimum requirements; liberally construed
in favor of the governing body; and deemed neither to limit nor
repeal any other powers granted under Florida Statutes.
Section 12. WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protection required by this Ordinance is
considered reasonable for regulatory purposes- and is- based - -on
scientific and engineering consideration. Larger floods can and
will occur on rare occasions. Flood heights may be increased by
man- made or natural causes. This Ordinance does not imply that
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land outside the areas of special flood hazard or uses permitted
within such areas will be free from _flooding or flood damages.
This _Ordinance shall not create liability on the part of the City
of South Miami, Florida, or by any officer or employee thereof for
any flood damages that result from reliance an this Ordinance or
any administrative decision lawfully made thereunder.
Section 13. PENALTIES FOR VIOLATION
violation of the provisions of this Ordinance or failure to comply
with any of its requirements, including violation of conditions and
safeguards established in connection with grants of variance or
special exceptions, shall constitute a, misdemeanor. Any person who
violates this Ordinance or fails to comply with any of its
requirements shall, upon conviction thereof, be fined not more than
$250.°° per day, and in addition, shall pay all costs and expenses
involved in the case. Each day such violation continues shall be
considered a separate of Nothing herein contained shall
prevent the City of South'Miami, Florida, from taking such other
lawful actions as is necessary to 'prevent or remedy any violation.
Section 14. DESIGNATION OF LOCAL ADMINISTRATOR
The City of South Miami hereby appoints the Building Official as
the local administrator to administer and implement all provisions
of this Ordinance within the boundaries of the City of South Miami.
Section 15. PERMIT PROCEDURES
Application for a Development Permit shall be made to the Building
Official on forms furnished by him or her prior to any development
activities, and may include, but not be limited to, the following
plans in duplicate drawn to scale showing the nature, location,
dimensions, and elevations of the area in question, existing or
proposed structures, earthen fill, storage of materials or
equipment, drainage facilities, and the location of the foregoing.
Specifically, the following information is required:
(1) Application Stage.
(a) Elevation in relation to mean sea level of the proposed
lowest floor (including basement) of all buildings;
(b) Elevation in relation to mean sea level to which any non -
residential building will be flood- proofed;
(c) Certificate from a registered professional engineer or
architect that the non - residential flood- proofed building
will meet the- flood - proofing criteria in Section 19,
subsection (2) of this Ordinance;
(d) Description of the extent to which any watercourse will
be altered or relocated as the result of proposed
development; and,
(2) Construction Stage.
Provide a floor elevation or flood- proofing certification after the
lowest floor is completed. Upon, placement of the lowest floor, or
flood - proofing by whatever construction means, it shall be the duty
of the permit - holder to submit to the Building Official a
certification of the elevation of.the lowest floor, flood- proofed
elevation as built, in relation to mean sea level. Said
certification shall be prepared by or under the direct supervision
of a registered land surveyor or professional engineer and
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certified by same. When flood - proofing is utilized for a
particular building, said certification shall be prepared by or
under the direct supervision of a professional engineer or
architect and certified by same Any work undertaken prior to
submission of the certification shall be at the permit holder's
risk. The Building Official shall review the floor elevation
survey data submitted. Deficiencies detected by such review shall
be corrected by the permit holder immediately and prior to further
progressive work being permitted to proceed. Failure to submit the
survey or failure to make said corrections required hereby, shall
be cause to issue a stop -work order for the project.
Section 16. DUTIES AND RESPONSIBILITIES OF THE BUILDING OFFICIAL
The duties of the Building Official, shall include, but not be
limited to:
(1) Review all Development Permits to assure that the permit
requirements of this Ordinance have been satisfied;
(2) Advise permittee that additional federal or state permits may
be required, and if specific federal or state permit
requirements are known, require that copies of such permits'
be provided and maintained on file with the Development
Permit.
(3) Notify adjacent communities, Metro -Dade County Department of
Environmental Resource Management, South Florida Water
Management District and South Florida Regional Planning
Council prior -to any alteration or relocation of a
watercourse, and submit evidence of such notification to the
Federal Emergency Management Agency.
(4) Assure that maintenance is provided within the altered or
relocated portion of said watercourse so that flood - carrying
capacity is not diminished.'
(5) Verify and record the actual elevation (in relation to mean
sea level) of the lowest floor (including basement) of all new
or substantially - improved' buildings, in accordance with
Section 15, subsection (2) of this Ordinance.
(6) Verify and record the actual elevation (in relation to mean
sea level) to which the new or substantially improved
buildings have been flood - proofed, in accordance with Section
15, subsection (2) of this Ordinance.
(7 ) When flood - proofing is utilized for a particular building, the
Building Official shall obtain certification from a registered
professional engineer or architect, in accordance with Section
19, subsection (2) of this Ordinance.
(8) Where interpretation is needed as to the exact location of
boundaries of the areas of special flood hazard (e.g., where
there appears to be a conflict between a mapped boundary and
actual field conditions) the Building Official shall make the
necessary interpretation. The person contesting the location
of the boundary shall be given a reasonable opportunity to
appeal the interpretation as provided in this Ordinance.
(9) When base flood elevation data or floodway data have not been
provided in accordance with Section 7, then the Building
Official shall obtain, review and reasonably utilize any base
flood elevation and floodway data available from a federal,
state or other source, in order to administer the provisions
of Sections 18, 19, and 20.
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(10) All records pertaining to the provisions of this Ordinance
shall be maintained in the Building & Zoning Department and
shall be open for public inspection.
Section 17. PROCEDURES FOR VARIANCES FROM THIS ORDINANCE
(1) The City Commission as established by the Charter of the City
of South Miami, Florida, shall hear and decide appeals and
requests for variances from requirements of this Ordinance.
(2) The City Commission shall hear and decide appeals when it is
alleged that there is an error in any requirement, decision,
or determination made by the Building Official in the
enforcement or administration of this Ordinance.
(3) Any person aggrieved by the decision of the City Commission
or any taxpayer may appeal such decision to the Appellate
Division of the Circuit Court, as provided in F.S. 120.68.
(4) Variances may be` issued for the repair or rehabilitation of
historic structures ( see definition) upon a determination that
the proposed repair or rehabilitation will not preclude the
structure's continued designation as a historic structure and
the variance is the minimum to preserve the historic character
and design of,the structure.
(5) In passing upon such applications, the City Commission shall
consider all technical evaluations, all relevant factors, all
standards specified in other sections of this Ordinance, and:
(a) the danger that materials may be swept onto other lands
to the injury of others;
(b) the danger to life and property due to flooding or
erosion damage;
(c) the susceptibility of the proposed facility and its
contents to flood damage and the effect of such damage
on the individual owner
(d) the importance of the services provided by the proposed
facility to the community;
(e) the availability of alternative locations, not subject
to flooding or erosion damage, for the proposed use;
(f) the compatibility of the proposed use with existing and
anticipated development;
(g) the compatibility of the proposed use to the
comprehensive plan and floodplain management program for
that area;
(h) the safety of access to the property in times of flood
for ordinary and emergency vehicles;
(i) the expected heights, velocity, duration, rate of rise
and sediment transport of flood waters and the effects
of wave action, if applicable, expected at the site, and;
(j) the costs of providing governmental services during and
after flood conditions including maintenance and ,repair
of public utilities and facilities such as sewer, gas,
electrical, and water systems, and streets and bridges.
(6) Upon consideration of the factors listed above, and the
purposes of this ordinance, the City Commission may attach
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such conditions to the granting of variances as it deems
necessary to further the purposes of this Ordinance.
(7) Conditions for granting Variances from this Ordinance:
(a) Variances shall only be issued upon a determination that
the variance is the minimum necessary, considering the
flood hazard; to afford relief; and in the instance of
a historical building, a determination that the variance
is the minimum necessary so as not to destroy the
historic character and design of the building;
(b) Variances from this Ordinance shall only be issued upon:
(i) a showing of good and sufficient cause;
(ii) a determination that failure to grant the variance
would result in exceptional hardship; and,
(iii) a determination that the granting of a variance will
not result in increased flood heights, additional
threats to public - safety, extraordinary public
expense, create nuisance, cause fraud on or
victimization of the public, or conflict with
existing local Laws or ordinances.
(c) Any applicant to whom a variance is granted shall be
given written notice specifying the difference between
the base flood elevation and the elevation to which the
building is to be built and stating that the cost of
flood insurance will be commensurate with the increased
risk resulting from the reduced lowest floor elevation.
(d) The Building Official shall maintain the records of all
appeal actions and report any variances to the Federal
Emergency Management Agency upon request.
Section 18. GENERAL STANDARDS FOR FLOOD HAZARD REDUCTION
In all areas of special flood hazard the following provisions are
required:
(1) New construction and substantial improvements shall be
anchored to prevent flotation, collapse or lateral movement
of the structure;
(2) New construction and substantial improvements shall be
constructed with materials and utility equipment resistant to
flood damage;
(3) New construction or substantial improvements shall be
constructed by methods and practices that minimize flood
damage;
(4) Electrical, heating, ventilation, plumbing, air conditioning
equipment, and other service facilities shall be designed
and /or located so as to prevent water from entering or
accumulating within any component during conditions of
flooding;
(5) New and replacement water supply systems shall be designed to
minimize or eliminate infiltration of flood waters into the
system;
(6) New and replacement sanitary sewage systems shall be designed
to minimize or eliminate infiltration of flood waters into the
systems and discharges from the systems into floodwaters;
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(7) On -site waste disposal systems shall be located and
constructed to avoid impairment to them or contamination from
them during flooding;
(8) Any alteration, repair, reconstruction or improvements to a
building which is in compliance with the provisions of this
ordinance, shall meet the requirements of new construction as
contained in this Ordinance; and,
(9) Any alteration, repair, reconstruction or improvements to a
building which is not in compliance with the provisions of
this ordinance, shall be undertaken only if said non -
conformity is not furthered extended, or replace.
Section 19. SPECIFIC STANDARDS FOR FLOOR HAZARD REDUCTION
In all areas of special flood hazard where base flood elevation
data have been provided, as set forth in Section 7 or Section 16,
subsection (9), the following provisions are required:
(1) Residential Construction
New construction or substantial improvement of any residential
building shall have the lowest floor, including basement,
elevated no lower than two (2) feet above the base flood
elevation. Should solid foundation perimeter walls be used
to elevate a structure, openings sufficient to facilitate the
unimpeded movements of flood waters shall be provided in
accordance with standards of Section 19, subsection (3).
(2) Non- Residential construction
New construction or substantial improvement of any commercial,
industrial, or non - residential building shall have the lowest
floor, including basement, elevated no lower than two ( 2 ) feet
above the base flood elevation. A registered professional
engineer or architect shall certify that the standards of this
subsection are satisfied. Such certification shall be
provided to the Building Official as set forth in Section 16,
subsection (7)
(3) Elevated Buildings
New construction or substantial improvements of elevated
buildings. that include fully enclosed areas formed by
foundation and other exterior walls below the base flood
elevation shall bel, designed to preclude finished living space
and designed to allow for the entry and exit of floodwaters
to automatically equalize hydrostatic flood forces on exterior
walls.
(a) Designs for complying with this requirement must either
be certified by a professional engineer or architect, or
meet the following minimum criteria:
( i ) Provide a minimum of two openings having a total net
area of not less than one square inch for every
square foot of enclosed area subject to flooding;
(ii) The bottom of all openings shall be no higher than
one foot above grade and,
(iii) Openings may be equipped; with screens, louvers
valves or other coverings or devices provided they
permit the automatic flow of floodwaters in both
directions.
Flood Damage Prevention Ordinance Page 10 of 1
s
(b) Access to the enclosed area shall be the minimum
necessary to allow for parking of vehicles (garage door)
or limited storage of maintenance equipment used in
connection with the premises (standard exterior door) or
entry to the living area (stairway or elevator); and,
(c) The interior portion of such enclosed area shall not be
partitioned'' or finished into separate rooms.
Section 20. STANDARDS FOR SUBDIVISION PROPOSALS
(1) All subdivision proposals shall be consistent with the need
to minimize flood damage;
(2) All subdivision proposals shall have public utilities and
facilities such as sewer, gas, electrical and water systems
located and constructed to minimize flood damage;
(3) All subdivision proposals shall have adequate drainage
provided to reduce exposure to flood hazards; and,
(4) base flood elevation data shall be provided for subdivision
proposals and other proposed development which is greater
than the lesser of fifty lots or five acres.
Section 21. If any section, clause, sentence, or phrase of this
Ordinance is held to be invalid or unconstitutional by any court
of competent jurisdiction, then said holding shall in no way affect
the validity of the remaining portions of this Ordinance.
Section 22. All Ordinances or parts of Ordinances in conflict
herewith be and the same are hereby repealed [Editor's Note: this
specifically refers to ordinance No. 452, § 1, adopted September
20, 1960, as contained in Section 7 -5 of the Code of Ordinances].
Section 23. This Ordinance will take effect immediately at the
time of its passage.
PASSED AND ADOPTED this day of , 1992.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
PASSED FIRST READING:
PASSED SECOND READING:
Flood Damage Prevention Ordinance Page 11 of 11
s �
RZSOLUTION X10.
A.RESOLUTION OF THE KAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDI =ANTING x REQUEST BY THE
SCHOOL HOARD OF DADE COUNTY, FLORIDA FROM THE PLANNING
BOARD OF ?BE CITY OF SOUTH MIAMI FOR THE VARIANCES
FROM SIC. 20 -3.3 IC1(3) OF THE LAND DZ=0PMENT CODE TO
ALLOW A ZERO (0) FEET RZ&R SVMCK FOR A PROPOSED
IDDITION; TO ILLOW A BUILDING COVZRAGE OF THIRTY EIGHT
PIRCZN? 139%1; TO 1LLOW AN IMPERVIOUS COVERIGE OF
SRVENTY SIX "PZRCZNT (76%) AND ONE VARIANCE FROM SEC.
2h -3.5 s (121 GF THE LAND DEVZLOFMEVT CODE TO REQUIRE
NO'ADDITIONIL PARKING SPICES WHERE TVZNTY SIX (26)
PIRKING SPICES ARE REQUIRED FOR A PROPOSRn- XDDITION FOR
THE PROPERTY KNOWN AS 6750 S.W. 60TH STREET SOUTH
MI1HI,_ FLORIDA 33143 (A PUBLIC FACILITY, 'SPECIFICALLY
SOUTH MIAMI MIDDLE SCHOOL) AND LEGALLY DESCRIBED
MZINAELOW
WHEREAS, The School Board of Dade County, Florida requested
the Planning Board of the City of South Miami for three variances
from Sec. 20 -3.5 C (3) of the Land Development Code:
1. to allow a zazo (01 feet rear setback for a proposed addition,
where the existing rear setback for -a nonconforming dimension is
zero (0) feet and a minimum tventy five (25) feet tear setback is
required;
2. to allov a building coverage of thirty eight percent (381)
where-the existing building coverage for a nonconforming
dimension is thirty four percent (34%) and a maximum of thirty
percent (30%) is permitted; and
3. to allow an impervious coverage of seventy six percent (761),
where the existing . impervious coverage for a nonconforming
dimension is seventy three percent (731) and a maximum of forty
percent is permitted.
and one variance from Sec. 20 -3.5 B (121 of the Land Development
Code:
1. to require no additional parking spaces where tventy: six - -(26)
parking spaces are required for a proposed addition.
all said requests Ear the _property known as 6150 S.W.`60th
Street, South Miami, Florida 33113, which property; is legally,
_ deactibtd as fslloes:
I 1
The North 249.85 feet if the NE 1/4 of the 8E
1/4 of Section 26, Tovnship 54 South, Range
40 Vast, .Less the North 25 feet and the East
35 feet thezect and that portion which lies
within the external azea formed be a 25.00
fact radius area concave to the southwest,
tangent to the vast line of the Rant 35.00
feet of the NE 114 of the HE 1/4 of said
Section 26 in Dade County, Florida;
and
`1HERZk8, Staff recommended against, the Requests as they are
variances from the Code provisions; and
WHEREAS, on September 24, 1491, the Planning Board voted to
approve the requests by a 5 - 1 vote;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section I. That the Request of the School Board of Dade
County, Florida from the Planning Board. of City of South Kiami,
Florida, for three variances from Sec. 20 -3.5 (C)(3) of the Land
Development Code:
a. to alloy a zero (0) feet rear setback for a pzoposed addition,
where the existing _rear setback for a nonconforming dimension is
zero (0) feet and a minimum twenty five (25) feet rear setback is
required;
b. to allow a building coverage of thirty eight percent (38 %)
where the existing building coverage for a, nonconforming
dimension is thirty four percent (34 %) and a maximum of thirty
Percent (30%) is permitted; and
c. to allow an impervious coverage of seventy six percent (76t),
vhere the existing impervious coverage for a nonconforming
_dimension is seventy three percent (73%) and a "maximum of forty
percent (40%) is permitted,
all said ` regoests for the - property known as 6750 S. I. 60th
1
County, Florida from the Planning Board of City of South Miami,
Florida, foz one variance from Sec. 20 -3.5 (B)(12) to zequize no
additional parking spaces where tventy six (26) pazkinq spaces
are required for a proposed addition of the Land Development
Code for the property known as 6750 S.W. 60th street, south
Miaai, Florida 33143, be and the same hereby is approved.
PASSED AND ADOPTED this _,th day of October, 1991.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO.FORM:
CITY ATTORNEY
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tition: We, the undessigned prop•sty awnor$9 are within Too feet of the above
property. we underhand and approve the above stquest.
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PB- 91 -�30-
Applicant:
Request 11:
Request #2:
Request 13:
Request 14:
LEGAL:
Location:
ANALYSIS:
STAFF nMVC]RT
The School Board of Dade county, rlorida
Variance from Section- 20- 3.5(C)(3) of the Land
Development Code to allow a zero (0) feet rear
setback f or a proposed addition, where the existing
rear setback for a nonconforming dimension is zero
(0) feet and a minimum twenty five (25) fset rear
setback is required.
Variance from Section 20- 3.5(C) (3) of the Land
Development Code to allow a building coverage of
thirty eight percent (38 %) where the-, existing
Building Coverage for a nonconforming dimension is
thirty four percent (34 %) and a maximum of thirty
percent (30 %) is permitted.
Variance from Section 20- 3.5(C)(3) of the Land
Development Code to allow an impervious coverage of
seventy six percent (76 %), where the existing
Impervious Coverage for a nonconforming dimension
is seventy three percent (73 %) and a maximum of
forty percent (40 %) is permitted.
Variance from Section 20- 4.4(8)(12) of the Land
Development Code to require no additional parking
spaces where twenty six (26) parking spaces are
required for a proposed addition.
The North 249.85 feet of the NE 1/4 of the SE 1/4
of Section 26 ri Township 54 South, Range 40 East,
Less the North 25 fset and the East 35 feet thereof
and that portion which lies within the external area
formed be a 25.00 foot radius arc concave to the
Southwest, tangent to the West line of the East
35.00 feet of the NE 1/4 of the NE 1/4 of said
Section 26.
6750 Sint 60th street
South Miami, Florida
(A pub ;ic facility, specifically South Miami Middle
The subject Property is located in a
Public /Institutional (PI) Zoning District which
pursuant to Section 20- 4.4(0)(3) of the Land
Development Code should conf orm to the adjacent most
restrictive use dimensional requirements, which is
Low Density Residential (RS-3) in this case.
The lot is about 3.265 acre, 142,214 square feet.
Me existing s- is about 48,500 square feat
(9s'=d floor), and 23 , 000 sgnere feet (seemed
floor)
! iap6'vious area is about 103 , 500 square,
Pte tly about 43 spaces:adst on the site.
2b•- :_ addittI=- is about S o,080- sq=ze feet
(Qs'a =d' fl ours and- 5 p 050 sgts m feet (seumd floor) .
Four vattan- s arm r gaisud is =dWw to comply with
tdd south 8il,aet 7 01d2 =agit ations.
k
RESCO Irep.D.. NOW
.dVYV � a �� NOW .
♦ t s
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI., FLORIDA DZNYING AN APPEAL BY
SBCI8A IN... I - LTDL -p... INC.. -F20*E DSCI8ZOK -OF THE.
ENYIRON - -- -__f -. - P 11 BOARD TO NOT
APPROW, Rl l -- 8X ---- FOR-°- TWIPSMS KNOWN 'As
HOTEL'VILA, 5959 S.W. 71ST STR$ST, SOUTH MI °AMI, FLORIDA
33113 _IND LDGALLY .DSHCRIBRD HZRSIX133LON
WHEREAS, on October 6. 1992, the Environmental Review and
Preservation Board of the City of South Miami voted, by _a 5 -0
vote, to deny approval of a request of Secisa International Ltda.
Inc. for approval of signage as set forth in the attached exhibit
for the property known as Hotel Vila, 5959 S.W. 71st Street,
South Miami, Florida 33143, which property is legally described
as follows:
Lots 8 through 13, Block 3 of Rosewood, according to
the plat thereof, as recorded in Plat Book 13 at Pages
62 of the Public Records of Dade County, Florida.
WHEREAS; Secisa International Ltda. Inc. appealed that
decision to the South Miami City Commission, Which Appeal has now
been heard;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA
Segtion 1. That the appeal of Secisa International Ltda.,
Inc. from the denial of requested signage by the Environmental
Review and Preservation Board of the City of South Miami for the
property known as Hotel Vila, 5959 S.W. 71st Street, South Miami,
Florida 33143, be, and the same hereby is, denied.
L
PASSED AND ADOPTED this th day of October, 1992.
ATTEST:
CITY CL$RK
READ AND 'APPROVED AS TO FORM:
APPROVED
MAYOR
!u��.��L�'°^� ♦KKK' �fl i. M4'�nsA.. v, nom. _
- SECISA INTERNATIONAL LTOA. INC.
October 13, 1992
City Clerk
City of South Miami
Ref:Enviromental Review Board,proposed signage
Gentlemen:
Secisa International Ltd. Inc., DBA The Hotel Vila, located
at 5959 SW 71 Street, South Miami, Florida 33143; appeals the
10/06/92 Board's decision to not approve our proposed signage
project.
Fra *k Silverstein
General Manager
5975 S.W. Sunset Dr. Suite 108, Miami. Fla. 33143 (305) 662. -2232. 662 -1144. TELEX: 266008
a -4.: ;..
r arse x�€�x�'..�i�'r,r�n 9�w^ c ��ar�F�"'�c'�n � x"f� -�' r ��:.- 'f„oms.n':�^+�:,
c � r
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT
WITH METROPOLITAN DADE COUNTY FLORIDA UNDER WHICH THE
COUNTY WILL REIMSURSE THE CITY FOR -A DRUG "ABUSE
-
RESISTANCE EDUCATION (DARE) PROGRAM AT SUNSET
ELEMENTARY SCHOOL
WHEREAS, the City of South Miami Police Department has
heretofore conducted a well - regarded Drug Abuse Resistance
Education (DARE) Program at Sunset Elementary School; and
WHEREAS, in recognition thereof, Metropolitan '!Dade County
has tendered the attached Professional Services Agreement under
Which Dade County will reimburse the City of South Miami the
total sum of $ 1. 7,901.00 for DARE Officer salary expenses
($ 6,610.00); training costs ($ 2,400.00); and curriculum support
materials ($ 3,891.00) for the period from October 10 1992
through September 30, 1993;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMIf FLORIDA:
Section 1., That the City Manager be, and hereby is,
authorized to execute the attached Professional Services
Agreement with Metropolitan Dade County under which Dade County
will reimburse the City of South Miami for a total of S 12,901.00
for the conduct of a DARE Program at Sunset Elementary School.
PASSED AND ADOPTED this th day of November, 1992.
APPROVED:
MAYOR
ATTEST
RESOLUTION NQ.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF > SOUTH MIAMI, FLORIDA, AUTHORIZING THE PURCHASE
BY THE PUBLIC WORKS DEPARTMENT OF THIRTY (30) RADIAL
TIRES FOR POLICE VEHICLES FOR A TOTAL PRICE NOT TO
EXCEED $ 11362.300 AND PROVIDING FOR DISBURSEMENT FROM
ACCOUNT NUMBER 1760 5250: "PUBLIC WORKS TIRES ".
WHEREAS, pursuant to the 1992 -93 Budget of the City of
South Miami, Florida, the Public Works Department was authorized
to purchase thirty (30) radial tires for police vehicles; and
WHEREAS, the Administration of the City of South Miami has
now obtained a cost of $ 1,362.30 from Miami Tiresoles, Inc.
Goodyear, Hialeah, Florida, pursuant to the following
governmental bid: State of Florida number 66300089-1:
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That a purchase order be, and hereby is, awarded
to Miami Tiresoles, Inc. Goodyear, Hialeah, Florida, in an amount
not to exceed S 1,362.30 for thirty (30) radial (P225/'7'0HR15 EAG
GT +) tires tur police vehicles.
section 2- That the disbursement be charged to account
number 1760 -- 5250: "Public Works - Tires ".
PASSED AND ADOPTED this th day of November, 1992.
APPROVED:
MAYOR
ATTEST:
CITY CLERK —�-
READ
AN-D APPROVED AS TO FORM:
CITY
ATTORNEY
a 1 't
ORDINANCE NO. .
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AMENDING ORDINANCE 14 -90
1454 BY DECLARING A SIX MONTHS" MORATORIUM ON CHARGES;
FOR PRRMITS ISSUED FOR REPAIRS OR RECONSTRUCTION DUE
TO DAMAGE CAUSED BY HURRICANE ANDREW.
WHEREAS, on August 24, 1992, Hurricane Andrew caused wide-
spread destruction throughout the City of South Miami, Florida;
and
WHEREAS, there are many City residents who are still waiting
for insurance adjusters and /or for funding from insurance so that
they can repair their homes or businesses; and
WHEREAS, the Mayor and City Commission therefore wish to not
charge for permits issued for repairs or reconstruction due to
damage caused by Hurricane Andrew for a- period of six months;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION of THE CITY of SOUTH MIAMI, FLORIDA.
Section I. The provisions of Ordinance- 14- 90-1-454 insofar
as they relate to charges for permits issued for repairs or
reconstruction due to damage caused by Hurricane Andrew be, and
hereby are, declared to be In moratoria for a period of six
months from the effective date of this Ordinance.
Section 2. if any section, clause, sentence, or phrase of
this Ordinance is held to be invalid or unconstitutional by any
court of competeriL jurisdiction, then said holding shall in no
way affect the validity of the remaining portions of this
Ordinance.
Section 3.. All ordinances or parts of ordinances in
conflict herewith be and the same are hereby repealed.
Section 4. This Ordinance shall take eftect immediately at
the time of its passage.
K �
PASSED AND ADOPTED this day of November, 1992.
APPROVED:
MAYOR
ATTEST
CITY CLERK x
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
2
0
1
OFFICIAL AGENDA
CITY OF SOUTH MIAMI
6130 Sunset Drive
REGULAR CITY COMMISSION MEETING
November 17, 1992
Next Resolution:
Next Ordinance
Next Commission Meeting:
A. Invocation
B. Pledge of Allegiance to the Flag of the United States of
America
C. Presentations:
D. Items for Commission Consideration:
1. City Manager's Report
2. City Attorney's Report
3. Approval of Minutes: 11 /3/92 (continued 11/10/92)
meeting.
ORDINANCES - 2ND READING AND PUBLIC HEARING:
4. An Ordinance of the City Commission of the City of South
Miami, Florida, providing findings of fact; providing a short
title; providing a statement of purpose; providing objectives;
providing definitions; providing jurisdiction; providing a
basis for establishing areas of special flood hazard;
providing for establishment of development permits; providing
for compliance; providing for abrogation and greater
restrictions; providing for interpretation; providing a
warning and a disclaimer of liability; providing penalties for
violation; providing for designation of focal administrator;
providing permit procedures;. providing duties and
responsibilities of the building official; providing
procedures for variances from this ordinance; providing
general standards for flood hazard reduction; providing
specific standards for floor hazard reduction; providing
standards for subdivision proposals; providing for
severability; providing for ordinances in conflict; and
providing for an effective date.
(Administration) 4/5
RESOLUTION FOR PUBLIC HEARING:
5. A Resolution of the Mayor and City Commission of the City of
of South Miami, Florida granting a request by the School Board
of Dade County, Florida from the Planning Board of the City of
South Miami for three variances from Sec. 20 -3.5 (C) (3) of the
Land', Development Code to allow a zero (0) feet rear setback
for a proposed addition; to allow a building coverage of
thirty eight (38 %) ; to allow an impervious coverage of seventy
six percent (76 %) and one variance from Sec. 20 -3.5 (12) of
the Land Development Code to require no additional parking
spaces where twenty six (26) parking spaces are required for
a proposed addition for the 'property known as 6750 SW 60
Street South Miami, FL 33143 (a public facility, specifically
South Miami Middle School) and legally described hereinbelow.
(PB /Administration) 4/5
RESOLUTIONS•
6. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida; denying an appeal by Secisa
International Ltda., Inc. from a decision of the Environmental
Review and Preservation Board to not approve requested signage
for the property known as Hotel Vila, 5959 SW 71 Street, South
Miami, Florida 33143 and legally described hereinbelow.
(City Attorney) 3/5
P
OFFICIAL AGENDA
Nov. 17, 1992
page 2
7. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, authorizing the City Manager to execute
a professional services agreement with Metropolitan Dade
County Florida under which the county will reimburse the City
for a Drug Abuse Resistance Education (DARE) Program at Sunset
Elementary School.
(Administration) 3/5
8. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, authorizing the purchase by the Public
Works Department of 'thirty (30) radial tires for 'police
vehicles for al total price not to exceed $1- ,362.30, and
providing for disbursement from account number 1760, - 5250:
"Public Works Tires."
(Administration) 3/5
ORDINANCE - 1ST READING:
9. An Ordinance of the Mayor and City Commission of the City of
South Miami, Florida, amending Ordinance 14 -90 -1454 by
declaring a six months' moratorium on charges for permits
issued for repairs or reconstruction due to damage caused by
Hurricane Andrew. (Mayor) 4/5
REMARKS
none
PURSUANT TO FLA. STAT. 266.0105, THE CITY HEREBY ADVISES THE PUBLIC
THAT: IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS
BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED
AT ITS MEETING OR HEARING, HE WILL NEED A RECORD OF THE
PROCEEDINGS, AND THAT FOR SUCH PURPOSE, AFFECTED PERSONS MAY NEED
TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH
RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS
TO BE BASED. THIS NOTICE DOES NOT CONSTITUTE CONSENT BY THE CITY
FOR THE INTRODUCTION OR ADMISSION -OF OTHERWISE INADMISSIBLE OR
IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS
NOT OTHERWISE ALLOWED BY LAW."
rm
'14 , 1 4
f 0.
OFFICIAL AGENDA
CITY OF SOUTH MIAMI
6130 Sunset Drive
REGULAR CITY COMMISSION MEETING
November 17, 1992
Next Resolution:
Next Ordinance
Next Commission Meeting:
A. Invocation
B. Pledge of Allegiance to the Flag of the United States of
America
C. Presentations:
D. Items for Commission Consideration:
1. City Manager's Report
2. City Attorney's Report
3. Approval of Minutes: 11/3/92 (continued 11/10/92)
meeting.
ORDINANCES - 2ND READING AND PUBLIC HEARING:
4. An Ordinance of the City Commission of the City of South
Miami, Florida, providing findings of fact; providing a short
title; providing a statement of purpose; providing objectives;
providing definitions; providing jurisdiction; providing a
basis for establishing areas of special flood hazard;
providing for establishment of development permits; providing
for compliance; providing for abrogation and greater
restrictions; providing for interpretation; providing a
warning and a disclaimer of liability; providing penalties for
violation; providing for designation of local administrator;
providing permit procedures; providing duties and
responsibilities of the building official; providing
procedures for variances from this ordinance; providing
general standards for flood hazard reduction; providing
specific standards for floor hazard reduction; providing
standards for subdivision proposals; providing for
severability; providing for ordinances in conflict; and
providing for an effective date.
(Administration) 4/5
RESOLUTION FOR PUBLIC HEARING:
5. Resolution of the Mayor and City Commission of the City of
of th- Miami, Florida granting a request by the School Board
of Dade ty, Florida from the Planning Board of the City of
South Miami Do hree variances from Sec. 20 -3.5 (C) (3) of the
Land Development a to allow a zero (0) feet rear setback
for a proposed additi to al l a building coverage of
thirty eight (38%) ; to allo impervious coverage of seventy
(, six percent (76 %) and one varl a from Sec. 20 -3.5 (12) of
the Land Development Code to requi no additional parking
spaces where twenty six (26) parking spa are 'required for
a proposed addition for the property known a 750 SW 60
Street South Miami, FL 33143 (a public facility, specs 'cally
South Miami Middle 'School) and legally described hereinbelow.
RESOLUTIONS: (PB /Administration) 4/5
6. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida denying an appeal by Secisa
International Ltda. , Inc. from a decision of the Environmental
Review and Preservation Board to not approve requested signage
for the property known as Hotel Vila, 5959 SW 71 Street, South
Miami, Florida 33143 and legally described hereinbelow.
(City Attorney) 3/5
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OFFICIAL AGENDA
Nov. 17, 1992
Page 2
7. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, authorizing the City Manager to execute
Lr ®(� a professional services agreement with Metropolitan Dade
J County Florida under which the county will reimburse the City
for a Drug Abuse Resistance Education (DARE) Program at Sunset
Elementary School. I (q,-Z ®q Administration) 3/5
8. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, authorizing the purchase by the Public
Works Department of thirty (30) radial tires for police
vehicles for a total price not to exceed $1,362.30, and
providing for disbursement from account number 1760 - 5250:
"Public Works Tires."
(Administration) 3/5
ORDINANCE - 1ST READING:
9. An Ordinance of the Mayor and City Commission of the City of
® South Miami, Florida, amending Ordinance 14 -90 -1454 by
5 % declaring a six months' moratorium on charges for permits
issued for repairs or recon truction due to damage caused by
Hurricane Andrew. (Mayor) 4/5
REMARKS:
none y\ u
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PURSUANT TO FLA. STAT. 266. 0105, THE' CITY HEREBY ADVISES THE PUBLIC
THAT: IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS
BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED
AT ITS MEETING OR HEARING, HE (WILL NEED A RECORD OF THE
PROCEEDINGS, AND THAT FOR SUCH PURPOSE, AFFECTED PERSONS MAY NEED
TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH
RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS
TO BE 'BASED. THIS NOTICE DOES NOT' CONSTITUTE CONSENT BY THE CITY
FOR THE INTRODUCTION OR ADMISSION OF OTHERWISE INADMISSIBLE OR
IRRELEVANT EVIDENCE, NOR DOES IT 'AUTHORIZE CHALLENGES OR APPEALS
NOT OTHERWISE ALLOWED BY LAW."
R
ORDINANCE #
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, PROVIDING - FINDINGS OF FACT PROVIDING A SHORT TITLE;
PROVIDING A STATEMENT OF PURPOSE; PROVIDING OBJECTIVES; PROVIDING
DEFINITIONS; PROVIDING JURISDICTION; PROVIDING A BASIS FOR
ESTABLISHING AREAS OF SPECIAL FLOOD HAZARD; PROVIDING FOR
ESTABLISHMENT OF DEVELOPMENT PERMITS PROVIDING FOR COMPLIANCE;
PROVIDING FOR ABROGATION AND GREATER RESTRICTIONS; PROVIDING FOR
INTERPRETATION; PROVIDING A WARNING AND A DISCLAIMER OF LIABILITY;
PROVIDING PENALTIES FOR VIOLATION; PROVIDING FOR DESIGNATION OF
LOCAL ADMINISTRATOR; PROVIDING PERMIT PROCEDURES; PROVIDING DUTIES
AND RESPONSIBILITIES OF THE BUILDING OFFICIAL; PROVIDING PROCEDURES
FOR VARIANCES FROM THIS ORDINANCE; PROVIDING GENERAL STANDARDS FOR
FLOOD HAZARD REDUCTION; = PROVIDING SPECIFIC STANDARDS FOR FLOOR
HAZARD REDUCTION; PROVIDING STANDARDS FOR SUBDIVISION PROPOSALS
PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Legislature of the State of Florida has in F.S.
Chapters 125, 163 and 16.6 delegated the responsibility to local
governmental units to adopt regulations designed to promote the
public health, safety, and general welfare of its citizenry;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. FINDINGS OF FACT
(1) The flood hazard areas of the City of South Miami, Florida,
are subject to periodic inundation which results in loss of
life and property, health and safety hazards, disruption of
commerce and governmental services, extraordinary public
expenditures for flood protection and relief, and impairment
of the tax base, all of which adversely affect the public
health, safety and general welfare.
(2) These flood losses are caused by the cumulative effect of
obstructions in floodplains causing increases in flood heights
and velocities, and by the occupancy in flood hazard areas by
uses vulnerable to floods or hazardous to other lands which
are inadequately lelevated, flood- proofed, or otherwise
unprotected from flood damages.
Section 2. SHORT TITLE
This Ordinance may be cited as "Flood Damage Prevention Ordinance ".
Section 3. STATEMENT OF PURPOSE
It is the purpose of this Ordinance to promote the public health,
safety and general welfare and to minimize public and private
losses due to flood conditions in specific areas by provisions
designed to
(1) restrict or prohibit uses which are dangerous to health,
safety and property due to water or erosion hazards, or which
result in damaging increases in erosion or in flood heights
or velocities;
(2) require that uses vulnerable to floods, including, facilities
which serve such uses, be protected against flood damage at
the time of initial construction;
Flood Damage Prevention Ordinance Page 1 of 11
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(3) control the alteration of natural floodplains, stream
channels, and natural protective barriers which are involved
in the accommodation of flood waters;
(4 ) control filling,- grading, dredging and other development which
may increase erosion or flood damage, and;
(5) prevent or regulate the construction of flood barriers which
will unnaturally divert flood waters or which may increase
flood hazards to other lands
Section 4. OBJECTIVES
The objectives of this Ordinance are as follows:
(1) to protect human life and health;
(2) to minimize expenditure of public money for costly flood
control projects;
(3) to minimize the need for rescue and relief efforts associated
with flooding and generally undertaken at the expense of the
general public;
(4) to minimize prolonged business interruptions;
(5) to minimize damage to public facilities and utilities such as
water and gas mains, electric, telephone and sewer lines,
streets and bridges located in floodplains;
(6) to help maintain a stable tax base by providing for the sound
use and development of flood prone areas in such a manner as
to minimize flood blight areas, and
(7) to insure that potential home buyers are notified that
property is in a flood area.
Section 5. DEFINITIONS
Unless specifically defined below, words or phrases used in this
Ordinance shall be interpreted so as to give the words and phrases
the meaning they have in common usage and to give this Ordinance
its most reasonable application.
Addition (to an existing building) means any walled and roofed
expansion to the perimeter of a building in which the addition is
connected by a common load - bearing wall other than a fire wall.
Any walled and roofed addition which is connected by a fire wall
or is separated by independent perimeter load- bearing walls is
defined as new construction
Appeal means a request for a review of the Building Official's
interpretation of any provision of this Ordinance or a request for
a variance from this Ordinance.
Area of special flood hazard is the land in the - floodplain within
a community subject to a one percent or greater chance of flooding
in any given year.
Base flood means the flood having a one percent chance of being
equalled or exceeded in any given year.
Basement means that portion of a building having its floor subgrade
(below ground level) on all sides.
Breakaway wall means a wall that is not part of the structural
support of the building and is intended through its design and
Flood Damage Prevention Ordinance
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construction to collapse under specific lateral loading forces
without causing damage to the elevated portion of the building or
supporting foundation system.
Building means any structure built for support shelter, or
enclosure for any occupancy or storage.
Development means any man -made change to improved or unimproved
real, estate, including, but not limited to, buildings or other
structures, mining, dredging, filling, grading, paving, excavating,
drilling operations or permanent storage of materials or equipment.
Elevated building means a non- basement building built to have the
lowest floor elevation above ground level by means of fill, solid
foundation perimeter walls, pilings, columns, posts, piers, shear
walls, or breakaway walls.
Existing construction means any structure for which the start of
construction commenced before June 181 1974.
Flood or flooding means a general and temporary condition of
partial or complete inundation of normally dry land areas from the
overflow of inland or tidal, waters, or the unusual and rapid
accumulation or runoff of surface waters from any source.
Flood Hazard Boundary Map (FHBM) is an official map of a community,
issued by the Federal Emergency Management Agency, where boundaries
of the special flood hazard have been defined 'as Zone A.
Flood Insurance Rate Map (FIRM) is an official map of a community,
on which the Federal Emergency Management Agency has delineated
both the areas of special flood hazard and risk premium zones
applicable to the community.
Flood Insurance Study is the official report provided by the
Federal Emergency Management Agency, containing flood profiles, as
well as the Flood Boundary Floodway Map and the water surface
elevation of the base flood.
Floor means the top surface of an enclosed area in a building
(including basement), i.,e., top of slab in concrete slab
construction or top of wood flooring in wood frame construction.
The term does not include the floor of a garage used solely for
parking vehicles.
Highest adjacent grade means the highest natural elevation of the
ground surface, prior to construction, next to the proposed walls
of a building.
Historic Structure means any structure that is:
(1) Listed individually in the National Register of Historic
Places (a listing maintained by the Department of Interior)
or preliminarily determined by the Secretary of the Interior
as meeting the requirements for individual listing on the
National Register;
(2) Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a
registered historic district- or a district preliminarily
determined by the Secretary to qualify as a registered
historic district;
(3) Individually listed on a state inventory of historic places
where such list is part of historic preservation programs
approved by the Secretary of the Interior; or,
(4) Individually listed on a local inventory of historic places
in- communities <with historic preservation programs that have
Flood Damage Prevention Ordinance Page 3 of 11
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been certified either by an approved state program as
determined by the Secretary of the Interior, or directly by
the Secretary of the Interior.
Manufactured home or mobile home means a building, transportable
in one or more sections, which is built on a permanent chassis and
designed to be used with or without a permanent foundation when
connected to the required utilities. The term also includes park
trailers, travel trailers, and similar transportable structures
placed on a site for 180 consecutive days or longer and intended
to be improved property [Manufactured homes and mobile homes are
prohibited under § 20 -1.3 (C) of the Land Development Code].
Mean Sea Level means the average height of the sea for all stages
of the tide. It is used as a reference for establishing various
elevations within the floodplain. For purposes of this Ordinance,
the term is synonymous with National Geodetic Vertical Datum (NGVD)
National Geodetic Vertical Datum (NGVD) as corrected in 1929 is a
vertical control used as a reference for establishing varying
elevations within the floodplain'.
New construction means any structure for which the start of
construction commenced after June 18, 1974. The term also includes
any subsequent improvements to such structure.
Recreational vehicle means a vehicle which is built on a single
chassis; 400 square feet or less when measured at the largest
horizontal projection; designed to be self - propelled or permanently
towable by a light duty truck;:: and, designed primarily not for use
as a permanent dwelling but as temporary living quarters for
recreational, camping, travel or seasonal use.
Start of construction includes substantial improvement, and means
the date the building permit was issued, provided the actual start
of construction, repair, reconstruction, or improvement was within
180 days of the permit date. The actual start means the first
placement of permanent construction of a building on a site, such
as the pouring of slabs or footings, installation of piles,
construction of columns,, or any work beyond the stage of
excavation. Permanent construction does not include land
preparation, such as clearing,' grading and filling; nor does it
include the installation of streets and /or walkways; nor does it
include excavation for a basement, footings, piers or foundations
or the erection of temporary forms; nor does it include the
installation on the property'of accessory buildings, such as
garages or sheds not occupied 4s dwelling units or not part of the
main building. For a substantial improvement, the actual start of
construction means the first 'alteration of any wall,` ceiling,
floor, or other structural part of a building, whether or not that
alteration affects the external dimensions of the building.
Structure means a walled and roofed building that is principally
above ground, a gas or Liquid storage tank, or other' man -made
facilities or infrastructures'.'
Substantial damage means damage of any origin sustained by a
structure whereby the cost of restoring the structure to its before
damaged condition would equal or exceed 50 percent of the market
value of the structure before the damage occurred.
Substantial improvement means any combination of repairs,
reconstruction, alteration, or improvements to a building, taking
place during a ten (10) year period, in which the cumulative cost
equals or exceeds fifty percent of the market value of the
building. The market value of the building should be the-appraised
value of the building prior to the start of the initial repair or
improvement; or, in the case of damage, the value of the building
prior to the damage occurring. This germ includes structures which
4q 0 Flood Damage Prevention ordinance Page 4 of 11
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have incurred substantial damage, regardless of the actual repair
work performed. For the purposes of this definition, substantial
improvement is considered to occur when the first alteration of any
wall, ceiling, floor, or other structural part of the building
commences, whether or not that alteration affects the external
dimensions of the building. The term does not, however, include
any project for improvement of a building required to comply with
existing health, sanitary, or safety code specifications which have
been identified by the Building' Official and which are solely
necessary to assure safe living conditions
Variance [from this Ordinance] is a grant of relief from the -
requirements of this Ordinance which permits construction in a
manner otherwise prohibited by this Ordinance where specific
enforcement would result in unnecessary hardship.
Section 6. JURISDICTION
This Ordinance shall apply to all areas of special flood hazard
within the jurisdiction of the City of South Miami, Florida.
Section 7. BASIS FOR ESTABLISHING AREAS OF SPECIAL FLOOD HAZARD
The areas of special flood hazard are to be identified by the
Federal Emergency' Management Agency in the Flood Insurance Rate Map
(FIRM), dated November 4, 1987, with other supporting data, and any
revision thereto, are adopted by reference and declared to be a
part of this Ordinance.
Section 8. ESTABLISHMENT OF DEVELOPMENT PERMIT
A Development Permit shall be required in conformance with the
provision of this Ordinance prior to the commencement of any
development activities.
Section 9. COMPLIANCE
No structure or land shall hereafter be located, extended,
converted or structurally altered without full compliance with the
terms of this Ordinance and other applicable regulations.
Section 10. ABROGATION AND GREATER RESTRICTIONS
This Ordinance is not intended to repeal, abrogate, or impair any
existing easements, covenants, or deed restrictions. However,
where this Ordinance and another conflict or overlap, whichever
imposes the more stringent restrictions shall prevail.
Section 11. INTERPRETATION
In interpretation and application of this Ordinance all provisions
shall be considered as minimum requirements; liberally construed
in favor of the governing body; and deemed neither to limit nor
repeal any other powers granted under Florida Statutes.
Section 12. WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protection required by this Ordinance is
considered reasonable for regulatory purposes and is based on
scientific and engineering consideration. Larger floods can and
will occur on rare occasions. Flood heights may be increased by
man -made or natural causes. This Ordinance does not imply that
Flood Damage Prevention Ordinance -Page 5 of 11
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land outside the areas of special flood hazard or uses permitted
within such areas will be free from flooding or flood damages.
This Ordinance shall not create liability on the part of the City
of South Miami, Florida, or by any officer or employee thereof for
any flood damages that result from reliance on this Ordinance or
any administrative decision lawfully 'made thereunder.
Section 13. PENALTIES FOR VIOLATION
Violation of the provisions of this Ordinance or failure to comply
with any of its requirements, including violation of conditions and
safeguards established in connection with grants of variance or
special exceptions, shall constitute a misdemeanor. Any person who
violates this Ordinance or fails to comply with any of its
requirements shall, upon conviction thereof, be fined not more than
$250,.00 per day, and in addition, shall pay all costs and expenses
involved in the case. Each day such violation continues shall be
considered a separate offense. Nothing herein contained shall
prevent the City of South Miami, Florida, from taking such other
lawful actions as is necessary to prevent or remedy any violation.
Section 14. DESIGNATION OF LOCAL ADMINISTRATOR
The City of South Miami hereby appoints the Building Official as
the local administrator to administer and implement all provisions
of this Ordinance within the boundaries of the City of South Miami.
Section 15. PERMIT PROCEDURES
Application for a Development Permit shall be made to the Building
Official on forms furnished by him or her prior to any development
activities, and may include, but not be limited to, the following
plans in duplicate drawn to scale showing the nature, location,
dimensions, and elevations of the area in question, existing or
proposed structures, earthen fill, storage of materials or
equipment, drainage facilities, and the location of the foregoing.
Specifically, the following information is required:
(1) Application Stage.
(a) Elevation in relation to mean sea level of the proposed
lowest floor; (including basement) of all buildings;
(b) Elevation in relation to mean sea level to which any non-
residential building will be flood - proofed;
(c) Certificate from a registered professional engineer or
architect that the non- residential flood - proofed building
will meet the flood - proofing criteria in Section 19,
subsection (2) of this Ordinance;
(d) Description of the extent to which any watercourse will
be altered or relocated as the result of proposed
development; and,
(2) Construction Stage.
Provide a floor elevation or flood - proofing certification after the
lowest floor is completed. Upon placement of the lowest floor, or
flood- proofing by whatever construction means, it shall be the duty
of the permit holder to submit to the Building Official a
certification of the elevation of the lowest floor, flood - proofed
elevation as built, in relation to mean sea level. Said
certification shall be prepared by or under the direct supervision
of a registered land surveyor or professional engineer and
Flood Damage Prevention Ordinance Page 6 of 11
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certified by same. When flood - proofing is utilized for a
particular building, said certification shall be prepared by or
under the direct supervision of a professional engineer or
architect and certified by same. Any work undertaken prior to
submission of the certification shall be at the permit holder's
risk. The Building Official shall review the floor elevation
survey data submitted. Deficiencies detected by such review shall
be corrected by the permit holder 'immediately ' and prior to further
progressive work being permitted to proceed. Failure to submit the
survey or failure to make said corrections required hereby, shall
be cause to issue a stop -work order 'for ' the project.
Section 16. DUTIES AND RESPONSIBILITIES OF THE BUILDING OFFICIAL
The duties of the Building Official shall include, but not be
limited to:
(1) Review all Development Permits to assure that the permit
requirements of this Ordinance have been satisfied;
(2) Advise permittee that additional federal or state permits may
be required, and if specific federal or state permit
requirements are known, require that copies of such permits
be provided and maintained on file with the Development
Permit.
(3) Notify adjacent communities, Metro -Dade County Department of
Environmental Resource Management, South Florida Water
Management District and South Florida Regional Planning
Council prior to any alteration or relocation of a
watercourse, and submit evidence of such notification to the
Federal Emergency Management Agency'.
(4) Assure that maintenance is provided within the altered or
relocated portion of said watercourse so that flood - carrying
capacity is not diminished.
(5) Verify and record the actual elevation (in relation to mean
sea level) of the lowest floor (including basement) of all new
or substantially improved buildings, in accordance with
Section 15, subsection (2) of this Ordinance.
(6) Verify and record the actual elevation (in relation to mean
sea level) to which the new or substantially improved
buildings have been flood - proofed, in accordance with Section
15, subsection (2) of this Ordinance.
(7) When flood - proofing is utilized for a particular building, the
Building Official shall obtain certification from a registered
professional engineer or architect, in accordance with Section
19 subsection (2) of this Ordinance
(8) Where interpretation is needed as to the exact location of
boundaries of the areas of special flood hazard (e.g., where
there appears to be a conflict between a mapped boundary and
actual field conditions) the Building Official shall make the
necessary interpretation. The person contesting the location
of the boundary shall be given a reasonable opportunity to
appeal the interpretation as provided in this Ordinance.
(9) When base flood elevation data or floodway -data have not been
provided in accordance with Section 7, then the Building
Official shall obtain, review and reasonably utilize any base
flood elevation and floodway data available from a federal,
state or other source, in order to administer the provisions
of Sections 18, 19, and 20.
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Prevention Ordinance
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(10) All records pertaining to the provisions of this Ordinance
shall be maintained in the Building & Zoning Department and
shall be open for public inspection.
Section 17. PROCEDURES FOR VARIANCES FROM THIS ORDINANCE
(1) The City Commission as established by the Charter of the City
of South Miami, Florida, shall hear and decide appeals and
requests for variances from requirements of this Ordinance.
(2) The City Commission shall hear and decide appeals when it is
alleged that there is an error in any requirement, decision,
or determination made by the Building Official in the
enforcement or administration of this Ordinance.
(3) Any person aggrieved by the decision of the City Commission
or any taxpayer may appeal such decision to the Appellate
Division of the Circuit Court, as provided in F.S. 120.68.
(4) Variances may be issued for the repair or rehabilitation of
historic structures (see definition) upon a determination that
the proposed repair or rehabilitation will not preclude the
structure's continued designation as a historic structure and
the variance is the minimum to preserve the historic character
and design of the structure.
(5) In passing upon such applications, the City Commission shall
consider all technical evaluations, all relevant factors, all
standards specified in other sections of this Ordinance, and:
(a) the danger that materials may be swept onto other lands
to the injury of others;
(b) the danger to life and property due to flooding or
erosion damage;
(c) the susceptibility of the proposed facility and its
contents to flood damage and the effect of such damage
on the individual owner;
(d) the importance of the services provided by the proposed
facility to the community;
(e) the availability of alternative locations, not subject
to flooding or erosion damage, for the proposed use;
(f) the compatibility of the proposed use with existing and
anticipated development
(g) the compatibility of the proposed use to the
comprehensive plan and floodplain management program for
that area;
(h) the safety of access to the property in times of flood
for ordinary and emergency vehicles;
(i) the expected heights, velocity, duration, rate of rise
and sediment transport of flood waters and the effects
of wave action, if applicable, expected at the site, and;
(j) the costs of providing governmental services during and
after flood conditions including maintenance and repair
of public utilities and facilities such as sewer, gas,
electrical, and water systems, and 'streets and bridges.
(6) Upon consideration of the factors listed above, and the
purposes of this Ordinance, the City Commission may attach
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such conditions to the granting of variances as it deems
necessary to further the purposes of this Ordinance.
(7) Conditions for granting Variances from this Ordinance:
(a) Variances shall only be issued upon a determination that
the variance is the minimum necessary, considering the
flood hazard, to afford relief; and in the instance of
a historical building _ a - determination that the variance
is the minimum necessary so as not to destroy the
historic character and design of the building
(b) Variances from this Ordinance shall only be issued upon:
(i) a showing of good and sufficient cause;
a determination that failure to grant the variance
would result in exceptional hardship; and,
a determination that the granting of a variance will
not result in increased flood heights, additional
threats to public safety, extraordinary public
expense, create nuisance, cause fraud on or
victimization of the public, or conflict with
existing local laws or ordinances.
(c) Any applicant to whom a variance is granted shall be
given written notice specifying the difference between
the base flood elevation and the elevation to which the
building is to be built and stating that the cost of
flood insurance will be commensurate with the increased
risk resulting from the reduced lowest floor elevation.
(d) The Building Official shall maintain the records of all
appeal actions and report any variances to the Federal
Emergency Management Agency upon request..
Section 18. GENERAL STANDARDS FOR FLOOD HAZARD REDUCTION
In all areas of special flood hazard the following provisions are
required:
(1) New construction and substantial improvements shall be
anchored to prevent flotation, collapse or lateral movement
of the structure;
(2) New construction and substantial improvements shall be
constructed with materials and utility equipment resistant to
flood damage;
(3) New construction or substantial improvements shall be
constructed by methods and practices that minimize flood
damage;
(4) Electrical, heating, ventilation, plumbing, air conditioning
equipment, and other service facilities shall be designed
and /or located so as to prevent water from entering or
accumulating within any component during conditions of
flooding;
(5) New and replacement water supply systems shall be designed to
minimize or eliminate infiltration of flood waters into the
system;
(6) New and replacement sanitary: sewage systems shall be designed
to minimize or eliminate infiltration of flood waters into the
systems and discharges from the systems into flood waters;
Flood Damage Prevention Ordinance Page 9 of 11
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(7) On -site :caste disposal systems shall be located and
constructed to avoid impairment to them or contamination from
them during flooding;
(8) Any alteration, repair, reconstruction or improvements to a
building which is in compliance with the provisions of this
Ordinance, shall meet the requirements of new construction as
contained in this Ordinance; and,
(9) Any alteration, repair, reconstruction or improvements to a
building which is not in compliance with the provisions of
this Ordinance, shall be undertaken only if said non -
conformity is not 'furthered, extended, or replace.
Section 19. SPECIFIC STANDARDS FOR FLOOR HAZARD REDUCTION
In all areas of special, flood hazard where base flood elevation
data have been provided, as set forth in Section 7 or Section 16,
subsection (9), the following provisions are required:
(1) Residential Construction
New construction or substantial improvement of any residential
building shall have the lowest floor, including basement,
elevated no lower than two (2) feet above the base flood
elevation. Should solid foundation perimeter walls be used
to elevate a structure, openings sufficient to facilitate the
unimpeded_ movements of flood waters shall be provided in
accordance with standards of Section 19, subsection (3).
(2) Non - Residential Construction
New construction or substantial improvement of any commercial,
industrial, or non - residential building shall have the lowest
floor, including basement, elevated no lower than two (2) feet
above the base flood elevation. A registered professional
engineer or architect shall certify that the standards of this
subsection are satisfied. Such certification shall be
provided to the Building Official as set forth in Section 16,
subsection (7)
(3) Elevated Buildings
New construction or substantial improvements of elevated
buildings that include fully enclosed areas formed by
foundation and other exterior walls - below the base flood
elevation shall be designed to preclude finished living space
and designed to allow for the entry and exit of floodwaters
to automatically equalize hydrostatic flood forces on exterior
walls.
(a) Designs for complying with this requirement must either
be certified by a professional engineer or architect, or
meet the following minimum criteria:
( i ) Provide a minimum of two openings having a total net
area of not less than one square inch for every
square foot of enclosed area subject to flooding;
(ii) The bottom of all openings shall be no higher than
one foot above grade; and,
openings may be equipped with screens, louvers,
valves or other coverings or devices provided they
permit the automatic flow of floodwaters in both
directions.
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, Y
(b) Access to the enclosed area shall be the minimum
necessary to allow for parking of vehicles (garage door)
or limited storage of maintenance equipment used in
connection with the premises (standard exterior door) or
entry to the living area (stairway or elevator); and,
(c) The interior portion of such enclosed area shall not be
partitioned or finished into separate rooms.
Section 20. STANDARDS FOR SUBDIVISION PROPOSALS
(1) All subdivision proposals shall be consistent with the need
to minimize flood damage;
(2) All subdivision proposals shall have public utilities and
facilities such as sewer, gas, electrical and water systems
located and constructed to minimize flood,damage;
(3) All subdivision proposals shall have adequate drainage
provided to reduce exposure to flood hazards;. and,
(4) base flood elevation data shall be provided for subdivision
proposals and other proposed- development which is greater
than the lesser of fifty lots or five acres.
Section 21. If any section, clause, sentence, or phrase of this
Ordinance is held to be invalid or unconstitutional by any court
of competent jurisdiction, then said holding shall in no way affect
the validity of the remaining portions of this Ordinance.
Section 22. All Ordinances or parts of Ordinances in conflict
herewith be and the same are hereby repealed [Editor's Note: this
specifically refers to Ordinance- No. 452, § 1, adopted September
20, 1960, as contained in Section 7 -5 of the Code of Ordinances].
Section 23. This Ordinance will take effect immediately at the
time of its passage.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
day of , 1992.
APPROVED:
MAYOR
PASSED FIRST READING:
PASSED SECOND READING:
Flood Damage Prevention Ordinance Page 11 of 11
a .
SOLUTION N0.
A RESOLUTION OF THE KkYOR AND CITY' `COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORID& GRANT190 A RZQUZST BY THE
SCHOOL BOARD OF DADE counTY', FLORIDk FROM THE PLANNING
BOARD OF TSE CITY OF SOUTH KIXMI FOR THRZZ V1RIANCES
FROM SEC. 20-3.5 (C I (31 OF THE ` LAND DEMOPMENT CODE TO
ALLOY A 2ZRO ( 01 F$ET RZ&R SZTNACK FOR A PROPOSED
ADDITION; TO ALLOW A BUILDING COVZRkGE OF THIRTY EIGHT
PERCENT 138%1; TO ALLOW AN IMPERVIOUS COVERAGE OF
3MUTY SIX P&RCENT ` (76%) AND ONE VARIANCE FROM SEC.
20 -3.5 S (121 OF THE LAND DZVZLOPMENT CODE TO REQUIRE
NO IDOI T I ON&L PARKING s pkczs i inz TYENTY six (2 6)
p &RKING SPICES ARE REQUIRED FOR A PROPOSAn XDDITION FOR
THE ' PROPERTY KNOVN AS 6750 S.W. 6 0TH STREET SOUTH
MIAMI, FLORIDA 33143 (A PUBLIC FICILITY, SPECIFICALLY
SOUTH MIAMI MIDDLE SCHOOL) IND L$GXLLY DESCRIBED
HERETNAELOii
WHEREAS, The School Board of Dade County, Florida requested
the Planning Board of the City of South Miami for three variances
tram Sec. 20 -3.5 C (3) of the Land Development Coda:
1. to alloy a zezo (0) feet rear setback for a proposed addition,
where the existing rear setback far a nonconfoxming dimension is
zero (0) f*pt and a minimum twenty five (2$) feet rear setback is
required;
2. to allow a building coverage of thirty eight percent (38 %)
vherT""the' existing building coverage for a nonconforming
dimension is thirty four percent (34 %) and a aaximum of thirty
percent (30%) is permitted; and
3. to alloy an impervious coverage of seventy six percent (76%),
where the existing impervious coverage for a nonconforming
dimension is seventy three percent (73%) and a maximum of forty
percent (40%) is permitted.
and one variance from Sec. 20 -3.5 B (121 of the Land Development
Code to
1. to require no additional parking spices where tventy six (26)
parking spaces are required for a proposed addition.
all said regoests tot the property known as 6750 S.W. 60th
1
The Worth 249.85 teat if the NE 1/4 of the BE
1/4 of Section 26, Township, 54 South, -Range
40 Rost, Leas the North 25 test and the ,East
35 toot thereof and that portion which lies
within the exteznal area tozmed be a 25.00
foot radius area concave to the ,southwest,
tangent to the West line of the Bast 35.00
feet of the NE 1/4 of the NE 114 of :aid
Section 26 in Dade County, Florida;
and
WHEREAS, Staff recommended against the Requests as they are
variances from the Code provisions; and
WHEREAS, on September 24, 1991, the planning Board voted to
approve the requests by a 5 1 vote;
NOW, THEREFORE, BE .T RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA
Section 1. That the Request of the School Board of Dade
County, Florida from the Planning Board of City of South Miami,
Florida, for three variances from Sec. 20 -3.5 (C)(3) of the Land
Development Coder
a. to alloy a zero -(0) feet rear setback for a proposed addition,
where the existing rear setback for a nonconforming dimension is
zero (0) feet and a minimum tventy five, (251 feet rear setback is
required;
b. to allow a building coverage of thirty eight percent (3'8%)
where the existing building coverage fox a nonconforming
dimension is thirty four percent (3'4%) and a maximum of thirty
percent (30%) is permitted; and
c. to allow an impervious coverage of seventy six percent (76 %),
where the existing impervious coverage for a nonconforming
_ dimension is seventy three percent ('73 %) and a maximum of forty
percent (40 %1 is permitted,
v
F
1
The Worth 249.85 teat if the NE 1/4 of the BE
1/4 of Section 26, Township, 54 South, -Range
40 Rost, Leas the North 25 test and the ,East
35 toot thereof and that portion which lies
within the exteznal area tozmed be a 25.00
foot radius area concave to the ,southwest,
tangent to the West line of the Bast 35.00
feet of the NE 1/4 of the NE 114 of :aid
Section 26 in Dade County, Florida;
and
WHEREAS, Staff recommended against the Requests as they are
variances from the Code provisions; and
WHEREAS, on September 24, 1991, the planning Board voted to
approve the requests by a 5 1 vote;
NOW, THEREFORE, BE .T RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA
Section 1. That the Request of the School Board of Dade
County, Florida from the Planning Board of City of South Miami,
Florida, for three variances from Sec. 20 -3.5 (C)(3) of the Land
Development Coder
a. to alloy a zero -(0) feet rear setback for a proposed addition,
where the existing rear setback for a nonconforming dimension is
zero (0) feet and a minimum tventy five, (251 feet rear setback is
required;
b. to allow a building coverage of thirty eight percent (3'8%)
where the existing building coverage fox a nonconforming
dimension is thirty four percent (3'4%) and a maximum of thirty
percent (30%) is permitted; and
c. to allow an impervious coverage of seventy six percent (76 %),
where the existing impervious coverage for a nonconforming
_ dimension is seventy three percent ('73 %) and a maximum of forty
percent (40 %1 is permitted,
_I t
County, Florida from the Planning Board of City of South Miami,
Florida, for one variance from See. 20 -3.5 (8)(121 to require no
additional parking spaces ,there tventy six (26) parkinq spaces
are required for a proposed addition of the Land Development
Code for the property known as 67 So S.W. 60th Street, South
Miaai, Florida 33143, be and the same hezeby is approved.
PASSED AND ADOPTED this ,____nth day of October, 1991.
APPROVED:
MAYOR
ATTEST
CITY CLERK
-READ AND APPROVED AS TO FORM:
CITY ATTORNEY
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no ulna sail at no" eommyt •laws".
vawsars !sea sew"eo M- 9.16MI 1 M tts Land agMSlope"s ooda v aalw a laao (01 tact Vogl
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vawsas tasa aY"Mb 202.11MIC31 M tM LA" Oawiss~as 01 MIS es 41,140 a toL1,l&ia% aav%waea
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4saa w "II L %asset live saffeno4 ! 340 ) add a •ssanar s! SILU" Imloom 430%) t Rgsost%gs.
vtetltaataw a"si"It a0- 2. seat t21 of t" I+M Oow"SoMwt on" to ALUM 40 tatae►iws aaweMa
a t � NtZS1 -1 (7s1gas itYs"mma 4K ! t�itrgas (•oo is venues".
vtwiaa t ;N Mseiaa a0- 4.•(a1(l21 et %ft Load Dow Lis"W t Cade to ragas, no &" Ititwti
P"Itt" spa as Was" tvwty ais t 2s) Mrritaa So&*" ass ssgItssad law a PeNea" addition.
Tag emma 24e. 416 two of the am 1,/4 of fb as 1/4 of aa_tlan 24. TOWSMUi► to seam, lawgg ao
iaat. W" tar II"eta as tone 4M %as sadsi 30 goes %Mreed and %11&% 901si"d -Volga Lisa vital&
taa "rt"ea41, aeaa lows" be s 2s.0o toes radius ors 001baavw to tai dOntaraat. uwyows to tao
saat'"Me M 22M saat 31.00 lags of tag n 1,14 al UM IM 1,14 of 6444 saatiaa a4.
67" M sods'sesm"e _
Soma RiY1,. 11"s1M
N 901,t laaLUty. o9sallleaily swig •iOal Middle adaaall
tition: We, the undersigned property owners, are within Soo feet of the above
property. We understand and approve the above request.
MASS IF
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Development Code to allow a building coverage of
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PB- _91 -03 0
Applicant:
STAFF REPORT.
The School Board of Dade County, Florida
Request 11: Variance from Section 20- 3.5(C)(3) of the Land
Development Code to allow a zero (0) feet rear
setback for a proposed addition, where the existing
rear setback for a nonconforming dimension is zero
(0) fset and a minimum twenty five (25) feet rear
setback is required.
Request 12: Variance from Section 20- 3.5(C)(3) of the Land
Development Code to allow a building coverage of
thirty eight percent (38 %) where the-- existing
Building Coverage for a nonconforming dimension is
thirty four percent (34 %) and a maximum of thirty
percent (30 %) is permitted.
Request 13:
Variance from Section 20- 3.5(C)(3) of the Land
Development Code to allow an Impervious Coverage of
seventy six percent (76%), where the existing
Impervious Coverage for a nonconforming dimension
is seventy three percent (73 %`) and a- maximum of
forty percent (404) is permitted.
Request 14:
Variance from Section 20- 4.4(8)(12) of the Land
Development Code to require no additional parking
spaces where twenty, six (26) parking spaces are
required for a proposed addition.
LBGAL:
The North 249.85 feet of the NE 1/4 of the SE 1/4
of Section 26, Township 54 South, Range 40 East,
Less the North 25 feet and the East 35 feet thereof
and that portion which lies within the external area
formed be a 25.00 foot radius are concave to the
Southwest, tangent to the west line of the East
35.00 feet of the NE 1/4 of the NE 1/4 of said
Section, 26.
Location:
6750 SW 60th Street
South Miami, Florida
(k public facility, specifically South Miami Middle
school)
ANALYSIS:
The subject property is located in a
Public /Institutional (P2) Zoning District which
_
pursuant to Section 20- 4.4(C) (3) of the Land
Development Code should conf arm to the adjacent most
restrictive use dimensional requirements, which is
Low Deasity Residential (RS -3) in this case.
The lot is about 3.265 acre, 142, 214 square feet.
Me existing is about 48,500 square feet
(ground floor)' and 231,000 square feet (second
floor).
MdstiM impervious area is about 103,500 square
fsst
PrasentlY about 43 parklW spew exist an the site.
�" ptoQoNd . addition is about. S , 080 sgoave- - feet -:
(9zoaad'flow) and 5 t 050 sgoave fast (second floor).
Foes varf anc s ass ragoisad in order to comply witt
the south NJ =4 Zoning rr9olat3aos.
. do�AOt s'eoasss 1
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA DENYING AN APP %AL BY
SSC1Slk IIi4 Alt LTDA.r., I8{C..SY;OI L DSCIFSI OF : Tim. _..
ZNVIRON d5P Q _ - NURD , TO NOT
APB - Blt ` 701t= AS
ROM VILA-1-752S9 S:W. 71ST STREET,. OUT H MIAMI, FLORIDA
33183 -IND Ll0AZLY DSSCR1ZZD -, HURINDBL01i
WHEREAS, on October 6. 1992, the Environmental Review and
Preservation Board of the City of South Miami voted, by a 5 -0
vote, to deny approval of a request of Secisa International Ltda.
Inc. for approval of signage as set forth in the attached exhibit
for the property known as Hotel Vila, 5959 S.W. 71st Street,
South Miami, Florida 33143, which property is legally described
as follows:
Lots S through 13, Block 3 of Roasvood, according to
1 the plat thereof, as recorded in Plat Book 13 at Pages
62 of the Public Records of Dade County, Florida.
WHEREAS, Secisa International Ltda. Inc. appealed that
decision to the South Miami City Commission, which Appeal has now
been heard;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THB CITY OF SOUTH 'MIAMI, FLORIDA:
SeCtio_ n l_ That the appeal of Secisa International Ltda.,
Inc. from the denial of requested signage by the Environmental
Review and Preservation Board of the City of South Miami for the
property known as Hotel Vila, 5959 S.W. 71st Street, South Miami,
Florida 33143, be, and the same hereby is, denied.
r
SECISA INTERNATIONAL LTOA: INC.
October 13,- 1992
City Clerk
City of South Miami
Ref :Enviromental Review Board,proposed signage
Gentlemen:
Secisa International Ltd. Inc., DBA The Hotel Vila, located
at 5959 SW 71 Street, South Miami., Florida 33143; appeals the
10/06/92 Board's decision to not approve our proposed signage
project.
Fra4k Silverstein
General Manager
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE _A PROFESSIONAL SERVICES AGREEMENT
WITH METROPOLITAN DADE'COUNTY FLORIDA UNDER WHICH THE
COUNTY WILL REIMBURSE THE CITY FOR A DRUG ABUSE
RESISTANCE EDUCATION (DARE) PROGRAM AT SUNSET
ELEMENTARY SCHOOL
WHEREAS, the City of South Miami Police Department has
heretofore conducted a weld - regarded Drug Abuse Resistance
Education (DARE) Program at sunset Elementary School; and
WHEREAS, in recognition thereof, Metropolitan Dade County
has tendered the attached Professional Services Agreement under
which Dade County will reimburse the City of South Miami the
total sum of 3.2,901.00 for DARE Officer salary expenses
CS 6,610.00); training costs (0 2,400.00); and curriculum support
materials ($ 3,891.00) for the period from October 1, 1992
through September 30, 1993;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the City Manager be, and hereby is,
authorized to execute the attached Professional Services
Agreement with Metropolitan Dade County under; which Dade County
will reimburse the City of South Miami for a total of $ 12,901.00
for ,the conduct of a DARE program at Sunset Elementary School.
PASSED 'AND ADOPTED this th day of November, 1992.
APPROVED:
w Y S
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF-SOUTH MIAMIp FLORIDA, AUTHORIZING THE PURCHASE
BY THE PUBLIC WORKS DEPARTMENT'0 THIRTY`(30) RADIAL
TIRES FOR POLICE VEHICLES FOR A TOTAL PRICE NOT TO
EXCEED $ 1.,362.30, AND PROVIDING FOR DISBURSEMENT FROM
ACCOUNT NUMBER 1760 5250: "PUBLIC WORKS TIRES ".
WHEREAS, pursuant to the 1992 -93 Budget of the City of
South Miami, Florida, the Public Works Department was authorized
to purchase thirty (30) radial tires for police vehicles; and
WHEREAS, the Administration of the City of South Miami has
now obtained a cost of fi 1,362.30 from Miami Tresoles, Inc.
Goodyear, Hialeah, Florida, pursuant to the following
governmental laid: State of Florida number 86300089 -1:
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1.- That a purchase order be, and hereby is, awarded
to Miami Tiresoles, Inc. Goodyear, Hialeah, Florida, in an amount
not to exceP[i S 1,362.30 for thirty (30) radial (P225/70HR15 EAG
GT+ -) police vehicles.
Sedtion 2_ That the disbursement be charged to account
number 1!760 5260: "Public Works -- Tires ".
PASSED AND ADOPTED this th day of,November, 1992.
APPROVED
MAYOR
ATTEST:
J Y �
n F
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AMENDING ORDINANCE 14 -90-
1454 BY DECLARING A SIX MONTHS' MORATORIUM ON CHARGES
FOR PERMITS ISSUED: FOR REP'AIR`S OR RECONSTRUCTION DUE
TO`DAMAGE:CAUSED BY HURRICANE ANDREW.
WHEREAS, on August 24, 1992, Hurricane Andrew caused wide-
spread destruction throughout the City of South Miami, Florida;
and
ATTEST:
CITY CLERK _
READ AND APPROVED AS TO FORM:
CITY ATTORNEY